Is a defendant entitled to credit for time spent in a residential treatment facility?

Entitlement to credits for time spent in a residential treatment facility "depends on whether such participation was a condition of probation for the same underlying criminal conduct." (People v. Davenport (2007) 148 Cal.App.4th 240, 245.) "'It is not the procedure by which a defendant is placed in a facility that determines the right to credit, but the requirement that the placement be "custodial," and that the custody be attributable to the proceedings relating to the same conduct for which the defendant has been convicted. [Citations.] Courts have given the term "custody" as used in section 2900.5 a liberal interpretation.' [Citation.]" (Ibid.)

Whether a particular facility is sufficiently restrictive to constitute "custody" is a question of fact. (People v. Ambrose (1992) 7 Cal.App.4th 1917, 1922.) Factors relevant to the determination include the extent to which freedom of movement

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is restricted, the extent of regulations governing visitation, the facility's rules regarding personal appearance and other conduct, and the rigidity of the program's daily schedule. (Id. at p. 1921.) Restrictive residential treatment facilities may be found custodial. (See People v. Rodgers (1978) 79 Cal.App.3d 26, 31.) A defendant bears the burden of demonstrating his or her entitlement to presentence custody credit. (People v. Shabazz (2003) 107 Cal.App.4th 1255, 1258.)